- (1.) The Petitioner serving as Lecturer (English) and remained posted at one station since February,1999 on being transferred within district at a distance of 50 kms preferred appeal before the Tribunal which was rejected vide order impugned dt.04.02.2011.
(2.) The main thrust of submission of the counsel is that initial order was passed on 16.09.2010 and the Respondent-4 was transferred in the institution where the Petitioner was posted and since there was no post available and this fact at a later stage when revealed to the Respondent, further order dt.06.01.2011 was passed which is impugned in the instant petition transferring the Petitioner, which according to him is nothing but a clear accommodation of Respondent-4 and it cannot be said to be in the interest of administration; at the same time power has been abused by the authority available unde Rule 20 of the Rajasthan Service Rules and in support of the submissions counsel placed reliance upon the judgment reported in 2003 (1) WLC 438 and taking assistance thereof submits that if there is case of accommodation and power has been abused by the authority that can always be interfered by this Court in the limited scope of judicial review available under Article 226 of the Constitution.
(3.) The submissions made are wholly without substance for the reason that the Petitioner has been transferred after remained posted since February,1999 and served at this place for almost more than 11 years and transferred at a distance of 50 kms within same district. The transfer being incidence of service does not affect either of the service conditions and when holding a transferable post can always be considered by the authority if required in exigency of service. It is not the case of the Petitioner that there is violation of any statutory rules or case of proven malice against the authority who has passed the order impugned.;